REPORT TITLE:
Privacy


DESCRIPTION:
Makes it a class C felony to take sexual photographs or
videotapes of a person without consent and when the person
expects privacy.  Makes it a misdemeanor to possess such
materials. (HB955 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        955
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to be appropriately designated and to
 
 3 read as follows:
 
 4      "§707-     Violation of sexual privacy.  (1)  A person
 
 5 commits the offense of violation of sexual privacy if, except in
 
 6 the execution of a public duty or as authorized by law, the
 
 7 person intentionally or knowingly installs in any place where a
 
 8 person reasonably expects to have privacy, without consent of the
 
 9 person or persons entitled to privacy therein, any device for the
 
10 purpose of observing, photographing, videotaping, or filming the
 
11 person in a stage of undress or sexual activity in that place, or
 
12 uses any such unauthorized installation.
 
13      (2)  Violation of sexual privacy is a class C felony.
 
14      §707-      Possession of materials that violate sexual
 
15 privacy.  (1)  A person commits the offense of possession of
 
16 materials that violate sexual privacy if the person knowingly
 
17 possesses materials obviously created under circumstances
 
18 prohibited in section 707-   .
 
19      (2)  Violation of possession of materials that violate
 

 
Page 2                                                     955
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 sexual privacy is a misdemeanor."
 
 2      SECTION 2.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 3.  New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.